Canada's Mike Ward says it's a free speech issue

Canadian comedian Mike Ward has begun an appeal against his £25,000 fine for making a sick joke about drowning a disabled child.

The stand-up’s lawyer yesterday told Quebec’s appeal court that the gag might have been distasteful, but should not be illegal in a free society.

Julius Grey told reporters outside the courthouse: ‘If anything that is controversial can authorise someone to say, "I was hurt, I’m going to court," then we’re finished.’

However opposing lawyer Stephanie Fournier,  defending Quebec’s Human Rights Tribunal, said the original ruling was more subtle than that.

‘The nuance is that you can’t humiliate a person or violate their dignity because they are disabled," she told the judges.

In 2016, the tribunal ruled that Ward violated  Jérémy Gabriel’s rights to dignity, honour, reputation, equality and protection from discrimination.when he insulted him as part of his stand-up set.

Gabriel was born with a skull deformity called Treacher Collins syndrome and became well-known in Quebec after he was flown to Rome to sing for Pope Benedict in 2006, when he was ten years old.

On stage, and in a 2012 special, Ward joked that people had only let ‘ugly’ Gabriel sing with celebrities because he would soon be dead… but he had gone on to survive. Ward went on to say he tried to drown Gabriel, but he wouldn’t die.

The comedian’s lawyers orginally argued that since Gabriel’s singing career is based on his triumph over disability, the subject is in the public arena and so fair game for jokes.

But that argument was rejected and he was ordered to pay CA$35,000 to Gabriel, now 22, and another CA$7,000 to the singer’s mother

Outside court yesterday, Ward told journalists. ‘To bring a comedian to court who does dark humour, for a trashy joke, is like giving Vin Diesel a speeding ticket for driving fast in The Fast and the Furious. I find it disgusting that I’m here. I will keep fighting.’

The panel of three judges will deliver its ruling at a later date.

• Yesterday a comedy club in the province of Quebec hit the headlines for banning a white comedian from performing

Published: 17 Jan 2019